The Electronic Money Regulations 2011

InsolvencyU.K.

This section has no associated Explanatory Memorandum

[F17.  The sections of the 2000 Act mentioned in the first column of the Table apply with any modifications shown in the third column.

SectionSubjectModifications
Generally (for the sections mentioned below)

To be read as if—

(a) references to an authorised person or recognised investment exchange were to an electronic money institution;

(b) references to the appropriate regulator, or to the regulator or a regulator, were to the FCA;

(c) references to creditors included users or holders.

Section 356Powers of FCA to participate in proceedings: company voluntary arrangementsTo be read as if subsections (4) and (5) were omitted.
Section 357Powers of FCA to participate in proceedings: individual voluntary arrangementsTo be read as if subsections (7) and (8) were omitted.
Section 358Powers of FCA to participate in proceedings: trust deeds for creditors in Scotland

To be read as if subsection (6A) were omitted.

Section 359Administration order

To be read as if—

(a) subsection (1)(b) were omitted;

(b) subsection (1)(c) were substituted with—

“(c) is issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(c) subsection (1A) were omitted;

(d) in subsection (3)(a), the reference to an agreement were to a contract for electronic money issuance or payment services;

(e) subsection (3)(b) and (c) were omitted;

(f) in subsection (4) the definitions of “agreement, “authorised deposit taker”, “authorised reclaim fund” and “relevant deposit” were omitted;

(g) subsection (5) were omitted.

Section 361Administrators duty to report to FCA

To be read as if—

(a) in subsection (2)(a) the reference to the general prohibition were to regulation 63(1) of the Electronic Money Regulations 2011;

(b) subsection (2)(b) were omitted;

(c) subsection (2A) were omitted;

(d) in subsection (3)(b) the reference to the general prohibition were to regulation 63(1) of the Electronic Money Regulations 2011.

Section 362Powers of FCA to participate in proceedings

To be read as if—

(a) subsection (1)(b) were omitted;

(b) subsection (1)(c) were substituted with—

“(c) is issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(c) subsections (7) and (8) were omitted.

Section 362AAdministrator appointed by company or directorsTo be read as if subsection (2B) were omitted.
Section 363Receivership: powers of FCA to participate in proceedings

To be read as if—

(a) subsection (1)(b) were omitted;

(b) subsection (1)(c) were substituted with—

“(c) is issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(c) subsection (6) were omitted.

Section 364Receiver’s duty to report to FCA

To be read as if—

(a) in subsection (b), for the words from “carrying” to the end there were substituted “issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011,”;

(b) in the words after subsection (b), the words from “and,” to the end were omitted.

Section 365Voluntary winding up: powers of FCA to participate in proceedings

To be read as if subsection (8) were omitted.

Section 367Winding-up petitions

To be read as if—

(a) subsection (1)(b) were omitted;

(b) subsection (1)(c) were substituted with—

“(c) is issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(c) subsection (1A) were omitted;

(d) in subsection (4) for “an agreement” there were substituted “a contract for electronic money issuance or payment services”;

(e) subsection (5) were omitted.

Section 370Liquidator’s duty to report to FCA

To be read as if —

(a) in subsection (1)(b), for the words from “carrying” to the end there were substituted “issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011,”;

(b) in the words after subsection (1)(b), the words from “and,” to the end were omitted;

(c) in subsection (2)(b), the reference to the general prohibition were to regulation 63(1) of the Electronic Money Regulations 2011.

Section 371Winding up: powers of FCA to participate in proceedings

To be read as if —

(a) subsection (1)(b) were omitted;

(b) subsection (1)(c) were substituted with—

“(c) is issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(c) subsections (6) and (7) were omitted.

Section 372Bankruptcy: Petitions

To be read as if —

(a) subsection (1A) were omitted;

(b) in subsections (3) and (4), the reference to agreement, in both places it occurs, were to a contract for electronic money issuance or payment services;

(c) in subsections (2) and (6) the reference to subsection (1A), in each place it occurs, were omitted;

(d) in subsection (7)(b), for the words from “carrying” to the end there were substituted “issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(e) subsection (8) were omitted.

Section 373Bankruptcy: insolvency practitioner’s duty to report to FCA

To be read as if —

(a) in subsection (1)(b), for the words from “carrying” to the end there were substituted “issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011,”;

(b) in the words after subsection (1)(b), the words from “and,” to the end were omitted;

(c) in subsection (1A)(b), the reference to the general prohibition were to regulation 63(1) of the Electronic Money Regulations 2011.

Section 374Bankruptcy: powers of FCA to participate in proceedings

To be read as if —

(a) in subsection (5)(b), for the words from “carrying” to the end there were substituted “issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(b) in subsection (6)(b), for the words from “carrying” to the end there were substituted “issuing or has issued electronic money in contravention of regulation 63(1) of the Electronic Money Regulations 2011.”;

(c) subsections (7) and (8) were omitted.

Section 375Provisions against debt avoidance: right of FCA to apply for an order

To be read as if—

(a) in subsection (1)(a), for the words from “carrying” to the end there were substituted “issuing electronic money (whether or not in contravention of regulation 63(1) of the Electronic Money Regulations 2011);”;

(b) in subsection (1)(b), the reference to a regulated activity carried on were to electronic money issuance services being provided;

(c) subsection (1A) were omitted;

(d) in subsection (2), “or subsection (1A)(b) (as the case may be)” were omitted].

Textual Amendments